Getting Married in Canada - What couples from New York State need to know
Remarrying in Canada? A Few Simple Questions Can Save The Day!


    /Gay and Lesbian News Articles/ - NIAGARA-ON-THE-LAKE, ON, CANADA, July 30, 2008 - The bride on the other end of the phone was in tears. She and her partner were at City Hall in Niagara Falls, Ontario. They had expected to get their license and be on their way to my place to be married, but something had gone terribly wrong. They thought they were prepared, having
taken care of all the documents they needed - but they arrived at the license office to bad news.

The bride had been previously married and divorced in the States. With this upcoming marriage, she had dutifully gone through a Canadian lawyer to get her divorce papers verified, paying a great deal of money in the process. She assumed that the lawyer had handled everything.

As they presented the paperwork for their marriage license, they discovered that the job was only half done. The lawyer had indeed written a letter of opinion, step one of the process, but the letter and accompanying documents had not yet been sent to the Canadian government for approval, which can take four weeks to complete. The result was heartbreaking frustration, an unnecessary and expensive trip, and a shrug from the lawyer, who insisted the process had been fully explained to them.

The recent ruling by the New York court to recognize out-of-country marriages for same-sex couples has prompted a pilgrimage of gay and lesbians to come to Canada to get married. I have been meeting with excited couples who have been together for 20, 25 and even 34 years and celebrating with them the fact that they now have the same legal benefits as those extended to other couples.

Out-of-Canada Divorces must be verified

But those who have been married before need to apply for a foreign authorization verification. All people who have been divorced outside of Canada must go through this process. This means that a Canadian lawyer must verify that the divorce papers are genuine and write an opinion letter expressing this. After the letter is written, it is sent along with supporting documentation to the Registrar General's office in Thunder Bay, Ontario for processing. Once it has been given the government's stamp of approval, the couple is given a form to bring along to City Hall and can then apply for a marriage license. The authorization approval is good for 3 months.

I called a colleague to clarify the role of a lawyer in a such a matter and discovered that this couples' experience is becoming more and more common.

A couple from western New York told me that they saw one firm advertising a turn around time of a week for foreign authorizations. This is a red flag and makes one wonder whether the gay and lesbian community aren't being exploited by a few unscrupulous lawyers looking to cash in on eager couples buying rings and setting dates.

Bottom Line

A reputable attorney will represent your interests and oversee of the entire process from start to finish. They will write the opinion letter, courier the documents to Thunder Bay, receive the approval and send it over to the Marriage office in Niagara Falls for you. Most will charge a fee of $250-$300 for the complete service. The couple in question paid a lot more just for the letter of opinion.

After a lawyer writes a letter of opinion, the couple can send this in to the government, as the disappointed brides already have, but finding an attorney who will handle the entire process and represent you in a system they know, is the most comfortable way to get through the process.

If a law firm is advertising a turnaround of a week for a foreign authorization, it is important to see what they are offering. A lawyer can write a letter of opinion in a week, but saying that they can guarantee a week for the entire process -including the government's approval-- is, according to reputable lawyers with whom I spoke, "highly doubtful."

In some extraordinary cases, paperwork can be expedited, but a chat with the Registrar's office in Thunder Bay confirms that it takes at least four weeks for the paperwork to be processed once they receive it.

Divorced US citizens looking to be married in Canada need to be aware of the foreign authorization process. When dealing with a lawyer, don't be afraid to ask questions. Clarify whether they will complete the process and what your responsibilities are. In this way, you'll be toasting your nuptials on the day you wish, rather than heading for home with broken dreams.

Further Related Resources:


Press Release Contact Information:

Deborah Vaughan
Holy Angels Weddings
Wedding Officiant
172 Gate Street
Niagara-on-the-Lake, Ontario
Canada L0S 1J0
Voice: 905-468-9502
Website: Visit Our Website